The family of a New Jersey man who was a resident in a Pennsylvania senior living center has filed a lawsuit charging the facility with negligence and wrongful death. In September 2018, the resident was placed in an Uber transport to take him to his home in New Jersey over three hours away.
A licensing supervisor, who was notified by the facility’s administrator that the facility planned to discharge the resident related to financial considerations, warned the facility that the discharge was not safe and could legally be considered abandonment of an older adult by a caregiver. However, that warning was ignored.
According to the Pennsylvania Department of Human Services (DHS), during the ride the man became ill and unresponsive. He ultimately suffered a stroke and a heart attack, was transported to a hospital, and admitted to the Intensive Care Unit (ICU). Later, he was admitted into another nursing home where he lived until September 26, 2019.
The DHS revoked the senior center’s license on December 20, 2018, for failing to provide a 30-day discharge notice and violating the licensing regulation that states: “a resident may not be neglected, intimidated, physically, or verbally abused, mistreated, subjected to corporal punishment, or disciplined in any way.”
Compliance Perspective
Failure to follow regulatory protocols regarding the safe and orderly transfer and discharge of residents, while ignoring warnings from a licensing supervisor, may result in suspension of a facility’s operating license and be considered abuse, neglect, and provision of substandard quality of care, in violation of state and federal regulations.
Discussion Points
- Review policies and procedures regarding appropriate transfer and discharge of a resident.
- Train staff regarding abuse and neglect and the protocols to be followed for transferring and discharging a resident.
- Periodically audit transfers and discharges of residents to determine if they have complied with regulations to ensure a safe and orderly process and resident outcome.
FOR MORE INFORMATION ON THIS TOPIC: INVOLUNTARY TRANSFER AND DISCHARGE
